1. Presentation and identification of the person in charge

The Web site is property of BYSALES SL.

2. Description of the activity

By means of the present web site, BYSALES wishes to inform you in its activity of promotion and real estate intermediation and after-sales services and/or other information of the sector.

This website is intended for both our customers and all users who consult the website (hereinafter all of them referred to as USER).

If you have any questions about these General Terms and Conditions, please contact us at hola@bysales.es.

3. Acceptance of conditions and use of the site

The use of this website is governed by the following General Conditions of Use (hereinafter referred to as the “GENERAL CONDITIONS”). Please read them carefully, as access to this website and use of its contents implies full acceptance of them.

Access to this website and the information contained therein is free of charge, without prejudice to the cost of the telephone connection and the means used to establish the connection.

However, in this same web site, information is provided on different services that may be contracted by contacting BYSALES; which will be provided in accordance with the particular conditions agreed between the parties (hereinafter the PARTICULAR CONDITIONS).

We inform you that, in order to access the information on the website, we do not need your personal data. However, in the event that you make an online query, or manage any procedure related to the services offered or request any of the particular services offered through the website, it will be necessary to collect your personal data and, in this case, we refer you to carefully read our PRIVACY POLICY, which must also be read, understood and accepted.

By accepting this contract, you declare:

1. That he/she is a person of legal age and/or has the capacity to contract, in accordance with the general contracting laws of the State where he/she resides.
2. That you have previously read, understand and accept the GENERAL CONDITIONS, the PRIVACY POLICY and, if applicable, the SPECIFIC CONDITIONS.

Modification of conditions

The information on this website and the services offered are continually evolving and developing to provide the best possible experience and value.

When something is modified that implies a change in the GENERAL CONDITIONS, in the SPECIFIC CONDITIONS and/or in the PRIVACY POLICY, such modification will be made and will be published and updated; therefore, it is recommended to periodically read all of them and/or, above all, before finalizing any contract.

The updated GENERAL CONDITIONS, SPECIFIC CONDITIONS and/or PRIVACY POLICY will be available, at all times, on this website.

The USER of this website will accept these modifications as soon as he/she continues to use this website and/or the services provided.

Essential obligations of the USER.

Every USER, from the very moment he/she starts using the web site and/or contracts any of the services offered therein, is obliged before third parties and BYSALES to comply with the following essential obligations:

1. To use the website without incurring in illegal or illicit actions, or actions contrary to the provisions of the GENERAL CONDITIONS, the PRIVACY POLICY and, if applicable, the SPECIFIC CONDITIONS and their updates.
2. Not to damage, disable, overload or deteriorate the website or prevent the normal use or enjoyment of it.
3. Not to make any attempt to violate access levels, incorrect manipulation of data, duplication and export of data or information protected by intellectual property or other legal rights, attempt to access restricted areas of the BYSALES computer systems or third parties, introduction of programs, viruses or any other device that produces or may produce modifications in the BYSALES computer system or third parties.
4. To know the technical and legal requirements necessary for the correct access to this website and, if applicable, the contracting of the products and/or services; which may imply the downloading of certain computer programs or other logical elements to their computer devices.
5. Not to use, link, disclose, transfer or transmit to third parties in any way, the contents published on the website or part of them, or information BYSALES, without prior express written permission of BYSALES.

6. Not to damage the image of BYSALES in any way, or perform any activity or comment that could damage the image and good name of BYSALES.
7. Read, understand and, if you agree, accept the GENERAL CONDITIONS, the PRIVACY POLICY and, if applicable, the SPECIFIC CONDITIONS and their updates and, more specifically, the LINKS AND/OR COOKIES POLICY of CASA DE LAS TORRES.

Intellectual Property

This web site, its contents and its distinctive signs are protected by Spanish and international intellectual and industrial property laws, and all such rights correspond exclusively to BYSALES, and their use and exploitation are reserved.

The reproduction, distribution, public communication, transformation and/or making available to the public and, in general, any other form of exploitation, by any procedure, of all or part of the contents of this website, its design, selection and form of presentation of the materials included therein, as well as the trademarks and commercial names included in said website, is prohibited.

These acts of exploitation may only be carried out with the express prior written authorization of BYSALES and, provided that explicit reference is made to the ownership of BYSALES of the aforementioned intellectual and industrial property rights.

By using the website and/or contracting the services, the USER does not acquire any rights over them, and may simply use them as agreed in these GENERAL TERMS AND CONDITIONS and/or, where appropriate, SPECIFIC TERMS AND CONDITIONS.

In case the USER detects any activity likely to infringe any intellectual or industrial property right or any other type of right, please inform us by sending an email to the following address hola@bysales.es

Privacy Policy

In compliance with the provisions of the applicable state and European legislation on personal data protection, we inform you that the personal data that our customers or potential customers can provide us (both referred to as the “Client / s“), either through the corresponding form on our website (the “Site“), by sending an email to the address provided for that purpose through emails to our professionals or by any other means of communication, will be incorporated into a file which is owned and responsible for the treatment BYSALES SL.

1. Consent and data collected

By providing the RESPONSIBLE with the requested personal data, the Client declares to have read and expressly accepted this Privacy Policy and, therefore, gives his/her free, specific, unequivocal and informed consent to the RESPONSIBLE so that it can process his/her personal data in accordance with the provisions herein.

Unless specifically stated otherwise, all data requested from our Customers in the forms available on the Site are mandatory. Failure to provide the mandatory data will make it impossible to respond to the specific request in question. Please inform us immediately of any changes to your data so that the information contained in our files is always up to date and contains no errors. In this sense, the Client declares that the information and data provided to us are accurate, current and truthful.

2. Purpose of processing and legal basis

The purpose of the processing by the RESPONSIBLE is to manage the request made, including the attention to your queries and requests for information, as well as, where appropriate, the maintenance and management of the professional, commercial, and/or contractual relationship, if any, established with any of our offices and/or professionals (the “Service/s“).

The legal basis for the processing of your personal data by the RESPONSIBLE is based: i) on the Client’s consent to the processing described in this Privacy Policy and ii) in compliance with the provision of the RESPONSIBLE’s Services requested by the Client.

3. To whom we communicate your data

The RESPONSIBLE will not transfer your personal data to third parties, unless it is legally required or the Customer has previously authorized us or it is necessary for the provision of the requested Services.

In order to offer the appropriate Service to the Client and manage the relationship with the same, the RESPONSIBLE hires the services of certain companies to which, upon compliance with the legally required requirements, can be provided access to your personal data only for the purpose of providing the Service.

The list of categories of service providers to the RESPONSIBLE are as follows: [archiving, custody, storage and digitization services; back office services; administrative services; legal activities services; computer services].

4. International transfers of personal data

The Client’s personal data will be stored on servers of the RESPONSIBLE located within the European Economic Area, so they will not be subject to any international transfer.

5. Time period for the conservation of personal data

We will keep your personal data for the duration of the contractual relationship or, where appropriate, until you express your wish for us to delete your personal data from our file. From that moment, the RESPONSIBLE will keep your personal data blocked during the legal prescription periods, and in any case, for a period of 10 years by regulations for the prevention of money laundering and terrorist financing. Once the legal limitation periods have elapsed, we will destroy your personal data.

6. Exercise of rights

The Client may exercise their rights of access, rectification, deletion, limitation of processing, opposition, portability of their personal data, as well as revoke the consent given, by sending a written communication with a copy of their ID card to the RESPONSIBLE at the following email address: hola@bysales.es

7. Complaint to a supervisory authority

The Customer is informed that he/she has the right to file a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos (www.aepd.es) as supervisory authority, if he/she considers that the RESPONSIBLE has not treated his/her personal data in accordance with the applicable regulations on personal data protection.

8. Security

The RESPONSIBLE undertakes to adopt the technical and organizational security measures established by regulation to ensure the security of the Client’s personal data and prevent its alteration, loss, unauthorized processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of the applicable regulations.

9. Transfer to the RESPONSIBLE of data of third parties

In case of providing the RESPONSIBLE with personal data of third parties necessary for the provision of the Services, the Client declares that he/she has previously obtained their express consent to transfer them to the RESPONSIBLE.

10. Changes to our privacy policy

The RESPONSIBLE may update this Privacy Policy at any time. An updated version of this Privacy Policy will always be available on the Platform. If these changes affect purposes not foreseen in this Privacy Policy, we will inform you, with sufficient notice, of this further processing by email (to the last address provided), so that, where appropriate, you can exercise the rights you deem appropriate and recognized by the applicable regulations.

Responsibility

BYSALES will try at all times to provide the service with the highest possible quality. Notwithstanding the foregoing, we disclaim any liability arising from failures, interruptions or damages caused by system failures, interference or disconnections or malfunction of the service.

In the same way BYSALES declines all responsibility and/or assumption of damages, of any class or nature, that are derived from the illegitimate action of third parties by any means or by the use of the Web site of undue or inadequate form on the part of the users, and in any case, BYSALES will not assume any responsibility that is caused by the action or negligence foreign to itself and that can affect or not, of direct or indirect form, to servers and other computer equipment of the USER or third parties.

The USER agrees to indemnify and hold BYSALES, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to improper or impermissible use of the website and/or the services offered, by the USER, or the infringement by the USER of the GENERAL CONDITIONS, SPECIFIC CONDITIONS, if any, and/or PRIVACY POLICY, as well as for any infringement of any law or right whatsoever.

BYSALES cannot guarantee the absence of viruses or other harmful elements that may affect the USER’s equipment; therefore, the USER must adopt measures to avoid possible risks of this type in view of the current state of telecommunications.

BYSALES is not responsible for the interruptions of the web site caused by force majeure or circumstances beyond its control.

BYSALES may also interrupt access temporarily, for security measures or due to the restructuring of computer resources, in order to improve the service of use of the website.

BYSALES only provides the USER with the information published on the web site. The USER, therefore, is the only one responsible for the correct use of the same one and that this use is carried out in accordance with the GENERAL CONDITIONS, SPECIFIC CONDITIONS, in its case, and the PRIVACY POLICY.

If the USER is dissatisfied with the use of the website, its contents or services or with any part of these GENERAL CONDITIONS, the PRIVACY POLICY and/or SPECIFIC CONDITIONS, his/her sole and exclusive remedy shall be to cease accessing the website and/or using its services.

Links and Cookies

If the USER links to any link or banner other than this web site, he/she should know that he/she will be navigating through another site on the Internet, whose rules of use and privacy policy are beyond the control of BYSALES; therefore, it is convenient for the USER to review said rules of use and privacy policy, in order to find out the applicable rules and the treatment given to his/her personal data.

It is forbidden the inclusion of contents or provision of services in web pages of third parties that could be detrimental to the image of BYSALES or this website, reserving the right to prohibit, limit, or require the cancellation of the links (links) made, when it deems appropriate, without under any circumstances be required to pay any compensation for that reason.

The website www. (the “Site“) of the RESPONSIBLE uses cookies, which are small files with information about your navigation on this Site and whose main purpose is to facilitate your navigation on it. Please read on to learn more about the cookies we use, their purpose and other information of interest.

What are cookies?

A cookie is a file that is downloaded to the Site when you access and use the Site. Cookies allow us to store and retrieve information about your browsing habits on the Site. The information they obtain is related, for example, to the number of pages you visit, the frequency and recurrence of visits, the length of your visit, etc.

What kind of cookies can we use?

1. Depending on the entity that manages them:

Own Cookies: are those that are sent to your computer from our own computers or domains and from which we provide the service you request on the Site.

Third-party cookies: are those that are sent to your computer from a computer or domain that is not managed by us, but by another collaborating entity.

2. Depending on the length of time they remain activated:

Session cookies: these cookies store the necessary information during the session and the changes related to it.

Persistent cookies: they are stored on the hard disk and our Site reads them each time you make a new visit. A permanent cookie has a specific expiration date. The cookie will stop working after that date.

3. According to the purpose:

Technical Cookies: are those necessary for navigation and proper functioning of the Site.

Personalization cookies: these cookies allow you to access the service with predefined characteristics according to a series of criteria, such as language, the type of browser through which the service is accessed, the regional configuration from which the service is accessed, etc.

Analysis cookies: are those that allow us to quantify the number of users and thus perform the measurement and statistical analysis of the use made by users of the services provided.

If you do not want to allow the use of cookies on the Site, please follow the instructions below:

These procedures are subject to update or modification by the developers of the browsers, so we cannot guarantee that they are completely in line with the latest version available at any given time.

To prevent the installation of cookies, please follow the corresponding instructions of the browser used:

• Internet Explorer: in the menu “Tools > Internet Options”, go to the “Privacy” tab, select the desired settings and click on the advanced settings button. Check the “Override automatic cookie handling” box. Check the “Enable” or “Block” boxes. We recommend activating the “Always accept session cookies” option to allow optimal navigation on our Site.

• Firefox: in the “Tools > Options” menu, go to the “Privacy” tab. Check or uncheck the box “Accept cookies from websites” or “tell websites that I do not want to be tracked”, depending on the version of your browser. You can also delete installed cookies by clicking on the “delete cookies individually” option.

• Chrome: in the “Tools > Settings” menu, go to the “Privacy > Content settings” tab. After selecting the “show advanced options” option, select your favorite cookie settings. If you do not want to allow their installation, you can select the “block site data and third-party cookies” option.

• Opera: in the “Settings” menu > Options, go to the “Advanced” tab. In the “Cookies” menu, select the options “Accept Cookies” or “Never accept cookies”. If you wish to have a greater level of control over the cookies that are installed on your computer, we recommend that you select the option “ask before accepting cookies”.

• Safari: in the “Tools” menu > Preferences”, go to the “Security” tab. In the “Accept cookies” menu, select the “Always” or “Never” checkbox. If you have an iPhone, go to “Settings > Safari” and select whether or not to accept cookies.

If you use another browser, you can obtain more information on how to configure the installation of cookies through the help or assistance section of that browser.

If you need help setting cookies with your browser, please email us at hola@bysales.es and we will contact you as soon as possible with the necessary information.

Updates and changes to the Cookie Policy:

The RESPONSIBLE may modify this Cookies Policy according to legislative or regulatory requirements, or in order to adapt this policy to the instructions issued by the Spanish Data Protection Agency, so the user is advised to visit it periodically.

Nullity and ineffectiveness of the clauses

Should any clause included in these GENERAL CONDITIONS and/or the SPECIFIC CONDITIONS be declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null and void or ineffective, and the GENERAL CONDITIONS and the SPECIFIC CONDITIONS shall remain in force in all other respects, and such provision or the part thereof that is affected shall be deemed not to have been included.

Applicable law and jurisdiction

For any question or divergence that could arise on the Web site, contents and contracted services, the USER and BYSALES, with express resignation to any other jurisdiction that could correspond to them, are submitted expressly to the application of the Spanish Legislation, being equally competent the Spanish Courts, with express submission to the jurisdiction of the Courts of Malaga, unless the applicable legislation determines of imperative form another jurisdiction or different legislation.